California Evidence Code Section Authored by Allan J. Favish

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California Assembly Bill 2068

Originally authored by Allan J. Favish and introduced by the late Assembly Member Bernie Richter (R-Chico), it established a new section in California's Evidence Code (Sec. 1370) that will allow for the admission of evidence like Nicole Brown's diary statements describing her abuse from Orenthal J. Simpson. Under Mr. Richter's leadership, other major authors included J. Clark Kelso, Gregory Totten and Stephen Birdlebough. The bill was signed by former Governor Pete Wilson.

In Guardianship of Simpson, 67 Cal.App.4th 914, 79 Cal.Rptr.2d 389 (1998), the California Court of Appeal used the law to find that trial court judge Nancy Wieben Stock erred in refusing to admit into evidence entries from Nicole's diaries relating to domestic violence issues when ruling on the guardianship of Simpson's children.

In People v. Hernandez, Evid. Code ยง 1370 was constitutional.

Downloadable documents:

Guardianship of Simpson, 67 Cal.App.4th 914, 79 Cal.Rptr.2d 389 (1998) (84 KB)

People v. Hernandez, 71 Cal.App.4th 417, 83 Cal.Rptr.2d 747 (1999)